Wakamatsu v. Oliver

868 F. Supp. 2d 866, 53 Employee Benefits Cas. (BNA) 2426, 2012 U.S. Dist. LEXIS 49743, 2012 WL 1189233
CourtDistrict Court, N.D. California
DecidedApril 9, 2012
DocketNo. C 11-00482 CRB
StatusPublished

This text of 868 F. Supp. 2d 866 (Wakamatsu v. Oliver) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wakamatsu v. Oliver, 868 F. Supp. 2d 866, 53 Employee Benefits Cas. (BNA) 2426, 2012 U.S. Dist. LEXIS 49743, 2012 WL 1189233 (N.D. Cal. 2012).

Opinion

ORDER RE MOTIONS FOR SUMMARY JUDGMENT

CHARLES R. BREYER, District Judge.

Before the Court are Defendants Dr. David M. Perry, D.D.S.’s (“Dr. Perry’s”) and Dr. Perry and Robert W. Oliver, D.D.S. and David M. Perry, D.D.S., Ine.’s (“the Company’s”) Motion for Summary Judgment (dkt. 31) and Plaintiff Sandra Wakamatsu’s (“Plaintiffs”) Motion for Judgment (dkt. 47). Dr. Perry administrated the Robert W. Oliver, D.D.S. and David M. Perry, D.D.S., Inc. 401(k) Profit Sharing Plan (“Plan” or “the Plan”) on behalf of the Company. In December 2008, Plaintiff requested her benefits be distributed to her based on an account valuation date of December 31, 2007. However, because the Plan’s value dropped dramatically over the course of 2008, Dr. Perry instead offered to pay Plaintiff based on a valuation date of December 31, 2008. Plaintiff seeks to recover the difference between what she eventually received and her expected payout based on the December 31, 2007, valuation. Because Dr. Perry acted within his discretion, in the best interest of the Plan participants, and in accordance with the usual practice, the Court DENIES Plaintiffs Motion for Judgment and GRANTS Defendants’ Motion for Summary Judgment.

I. BACKGROUND

Defendant Dr. Perry is a shareholder of the Company, which is the sponsor and administrator of the Plan. Perry Decl. (dkt. 32) ¶ 1. Dr. Perry executes duties as Plan Administrator on behalf of the Company. Id. ¶ 1. Dr. Perry contracted with Associates in Excellence (“AIE”) to pro[869]*869vide administrative record keeping for the Plan. Id. ¶ 8.

The Plan grants the Plan Administrator broad discretion to interpret the Plan and determine the participants’ benefits under the Plan:

The Plan Administrator mil administer the Plan for the exclusive benefit of the Plan Participants and Beneficiaries, and in accordance with the terms of the Plan. To the extent the terms of the Plan are unclear, the Plan Administrator may interpret the Plan, provided such interpretation is consistent with the rules of ERISA and Code § 401 and is performed in a uniform and nondiscriminatory manner. This right to interpret the Plan is an express grant of discretionary authority to resolve ambiguities in the Plan document and to make discretionary decisions regarding the interpretation of the Plan’s terms, including who is eligible to participate under the Plan and the benefit rights of a Participant or Beneficiary. The Plan Administrator will not be held liable for any interpretation of the Plan terms or decision regarding the application of a Plan provision provided such interpretation or decision is not arbitrary or capricious.

The Pension League Defined Contribution Prototype Plan and Trust, Basic Plan Document # 01 (dkt. 32 Ex. B) (“Prototype Plan”) at 68.1 The Plan also grants discretion to “review and decide on claims for benefits under the Plan.” Id. at 69.

The value of an individual participant’s account “consists of the fair market value of the Participant’s share of the Trust assets.” Id. at 78. Participants’ retirement benefits were kept in a pooled investment account (“Pooled Account”), separate from Dr. Perry’s own investments. Perry Decl. ¶¶ 8, 10. Valuation of the assets must be conducted at least annually, but the Plan Administrator may request interim valuations. Prototype Plan at 78. Plan assets are distributed based on the valuation date that “immediately precedes the date the Participant receives his/her distribution from the plan.” Id. at 49. Distribution of an account exceeding $5,000 is first available “as soon as administratively feasible” following the employee’s termination. Agreement at 18.

Plaintiff Sandra Wakamatsu worked for Dr. Perry’s dental office, retiring on October 31, 2006. Wakamatsu Decl. (dkt. 36) ¶ 2. In a letter to Plaintiff dated December 10, 2008, Beth Bowles of AIE estimated Plaintiffs payable benefits at $195,317.82. Wakamatsu Decl. Ex. 1. AIE arrived at the estimate based on the valuation date of December 31, 2007 (“the 2007 Valuation”). See Wakamatsu Decl. Ex. 5. Plaintiff completed the required retirement plan forms on December 17, 2008. Wakamatsu Decl. ¶¶ 14-15. AIE informed Dr. Perry that the paperwork had been received, and told Dr. Perry that he “may now proceed with the distribution” based on the 2007 Valuation. Wakamatsu Decl. Ex. 4. The letter indicated that Plaintiffs account would be subject to gains or losses attributable to 2008 if she did not receive her distribution by December 31, 2008. Id.

After determining that processing Plaintiffs claim under the 2007 Valuation would be a breach of fiduciary duty owed to the remaining Plan participants, Dr. Perry processed Plaintiffs request for benefits under a valuation date of December 31, 2008 (“the 2008 Valuation”). Perry Decl. ¶ 8 & Ex. F. Based on the 2008 Valuation, Plaintiffs account totaled $135,449.40. Perry Decl. Ex. F. Plaintiff declined to [870]*870take payment in 2009. Wakamatsu Decl. ¶ 21.

The Plan was subject to another valuation on December 31, 2009 (“the 2009 Valuation”), which valued Plaintiffs benefits at $159,581.93. Id. ¶29. On June 17, 2010, Plaintiff filed an administrative claim for benefits based on the 2007 Valuation. Wakamatsu Decl. ¶ 36. The defendants denied Plaintiffs claim on July 23, 2010. Perry Decl. ¶ 12 & Ex. H. Plaintiff appealed on September 15, 2010, which was denied on November 15, 2010. Id. ¶¶ 13-14 & Exs. I, H. In the meantime, Plaintiff took distribution of $159,581.93 based on the 2009 Valuation, while reserving the right to seek the $35,735.89 difference between the distribution and the value based on the 2007 Valuation. Perry Decl. Ex. I.

Plaintiff filed the instant action to recover $35,735.89 on February 1, 2011. Compl. (dkt. 1). The parties have filed cross-motions for summary judgment.

II. LEGAL STANDARD

Summary judgment is properly entered “if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c); see Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The movant bears the “burden of showing the absence of a genuine issue as to any material fact, and for these purposes the material it lodged must be viewed in the light most favorable to the opposing party.” Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). The movant is not required to produce evidence negating the non-movant’s claims. Lujan v. Nat’l Wildlife Fed’n, 497 U.S. 871, 885, 110 S.Ct. 3177, 111 L.Ed.2d 695 (1990) (“[T]he purpose of Rule 56 is to enable a party who believes there is no genuine dispute as to a specific fact essential to the other side’s case to demand at least one sworn averment of that fact before the lengthy process of litigation continues”).

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868 F. Supp. 2d 866, 53 Employee Benefits Cas. (BNA) 2426, 2012 U.S. Dist. LEXIS 49743, 2012 WL 1189233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wakamatsu-v-oliver-cand-2012.